The Texas Natural Resource Conservation Commission (TNRCC) shall
provide written notice to the holder of a permit that the permit is
scheduled for review. Such notice will be provided by certified or
registered United States mail no less than 180 days prior to the
expiration of the permit. The notice shall specify the procedure
for filing an application for review and the information to be
included in the application. The application shall be completed by
the holder of the permit and returned to the TNRCC within 90 days
of receipt of the notice. Pursuant to Chapter 691, House Bill 1393
(72nd Legislature), the TNRCC shall exempt a holder of a permit
from any increased fee or other penalty for failure to renew the
permit if the individual establishes, to the satisfaction of the
TNRCC, that the failure to renew in a timely manner occurred
because the individual was on active duty in the United States
Armed Forces serving outside the State of Texas.

116.311 Permit Renewal
Application

(a) In order to be granted a permit renewal, the owner or
operator of the facility shall submit information in support of the
application which demonstrates that:

(1) the emissions from the facility comply with all applicable
specifications and requirements in the Texas Natural Resource
Conservation Commission (TNRCC) rules and the Texas Clean Air Act
(TCAA);

(2) the facility is being operated in accordance with all
requirements and conditions of the existing permit, including
representations in the application for permit to construct and
subsequent amendments, and any previously granted renewal;

(3) the facility has appropriate means to measure the emission
of significant air contaminants as determined to be necessary by
the Executive Director;

(4) the facility uses that control technology determined by the
Executive Director to be economically reasonable and technically
practicable considering the age of the facility and the impact of
its emissions on the surrounding area;

(5) the emissions from the facility meet at least the
requirements of any applicable New Source Performance Standards
promulgated by the United States Environmental Protection Agency
(EPA) under the authority of the Federal Clean Air Act (FCAA),
§ 111, as amended;

(6) the emissions from the facility meets at least the
requirements of any applicable emission standard for hazardous air
pollutants promulgated by EPA under the authority of the FCAA,
§ 112, as amended.

(b) The TNRCC shall review the compliance history of the
facility in consideration of granting a permit renewal. The
compliance history review shall be conducted in accordance with the
undesignated head in Subchapter B of this chapter concerning
Compliance History. In order for the permit to be renewed, the
application shall include information demonstrating that the
facility is or has been in substantial compliance with the
provisions of the TCAA and the terms of the existing permit. If the
facility has a history which demonstrates failure to maintain
substantial compliance with the provisions of the TCAA or the terms
of the existing permit, the renewal shall not be granted. If the
facility has any unresolved nonclerical violations of the TNRCC
rules, the renewal shall not be granted unless the facility is
brought into compliance or is complying with the terms of an
applicable board order or court order prior to the expiration of
the permit as identified in subsection (c) of this section.

(c) A permit holder that fails to submit an application for
review and renewal within 90 days after receiving notification from
the TNRCC pursuant to subsection (a) of this section, will cause
the subject permit to expire, unless the time period for the
submission of the application is extended by the executive
director. Permits are subject to the following renewal
schedule:

(1) any permit issued before December 1, 1991, is subject for
review 15 years after the date of issuance; or

(2) any permit issued on or after December 1, 1991, is subject
for review every five years after the date of issuance;

116.312 Public Notification
and Comment Procedures

The executive director shall mail a written notification to the
permit holder within 30 days of receipt of a completed application
for permit review and renewal, as determined by the executive
director of the TNRCC. The notification will acknowledge receipt of
the application and require the applicant to provide public notice
of the application for permit renewal according to § 116.132
of this title (relating to Public Notice Format) and § 116.133
of this title (relating to Sign Posting Requirements). All
requirements pertaining to signs and public notification in §
116.132 of this title and § 116.133 of this title and to
public comments in § 116.136 of this title (relating to Public
Comment Procedures), which apply to proposed construction, proposed
facilities, and permit applications shall apply likewise to
proposed renewals, existing facilities, and renewal applications.
The sign heading required under § 116.133(a)(2) of this title
shall read "PROPOSED RENEWAL OF AIR QUALITY PERMIT." When newspaper
notices are published in accordance with § 116.132 of this
title, the applicant for permit renewal shall furnish a copy of
such notices and dates of publication to the TNRCC in Austin and
all local air pollution control agencies with jurisdiction in the
county in which the facility is located. Along with such notices
furnished to the TNRCC, the applicant shall certify that the signs
required by § 116.133 of this title have been posted in
accordance with the provisions of that paragraph.

116.313 Renewal Application
Fees

The holder of a permit to be reviewed for renewal by the Texas
Natural Resource Conservation Commission (TNRCC) shall remit a fee
with each renewal application, pursuant to the Texas Clean Air Act,
§ 382.062(a)(1)(B), based on the total annual allowable
emissions from the permitted facility for which the renewal is
being sought, as applied to the following table:

Renewal Fee Table*

X = Total Allowable
(Tons/Year)

Base Fee

Incremental Fee

X < 5

$300

--

5 < X < 24

$300

$35/ton

24 < X < 99

$965

$25/ton

99 < X < 994

$2,840

$8/ton

X > 994

$10,000

--

Minimum fee: $300
Maximum fee: $10,000

* To calculate the fee, multiply the number of tons in excess of
the lower limit of the appropriate category by the incremental fee,
then add this amount to the base fee. For example, if total
emissions of all air contaminants are 50 tons per year, the total
fee would be $1,615 (base fee of $965, plus incremental fee of $25
x 26 tons or $650).

This fee shall be due and payable at the time application for
review and renewal is filed with the TNRCC in response to written
notice from the TNRCC consistent with § 116.310 of this title
(relating to Notification of Permit Holder). No fee will be
accepted before the permit holder has been notified by the TNRCC
that the permit is scheduled for review. The basis for fees is the
schedule in effect at the time the application is filed. All permit
review fees shall be remitted by check or money order payable to
the TNRCC located at 12124 Park 35 Circle, Austin, Texas 78753.
Required fees must be received before the agency will consider an
application to be complete.

116.314 Review
Schedule

(a) Renewal of permit. Subsequent to review, the executive
director shall renew a permit if it is determined the facility
meets the requirements of § 116.311 of this title (relating to
Permit Renewal Applications) and § 116.312 of this title
(relating to Public Notification and Comment Procedures). The
executive director shall notify the permit holder in writing of the
decision regarding renewal. If the permit can not be renewed, the
executive director shall forward, with the notice, a report which
describes the basis for the determination. If denial is based on
failure to meet the requirements of § 116.311(a) of this
title, the executive director's report shall establish a schedule
for compliance with the renewal requirements. The report shall be
forwarded to the permit holder no later than 180 days after the
Texas Natural Resource Conservation Commission (TNRCC) receives a
completed application. The permit shall be renewed if the
requirements are met according to the schedule specified in the
report and the executive director shall notify the permit holder in
writing of the permit renewal. However, if denial is based on
failure to maintain substantial compliance with the provisions of
the Texas Clean Air Act or the terms of the existing permit
pursuant to § 116.311(b) of this title, the renewal denial
shall be final, and the executive director shall notify the permit
holder in writing of the denial.

(b) Contested case hearing. In the event that the permit holder
fails to satisfy the TNRCC requirements for corrective action by
the deadline specified in the TNRCC report, the applicant shall be
required to show cause in a contested case proceeding why the
permit should not expire. The proceeding will be conducted pursuant
to the requirements of the Administrative Procedure and Texas
Register Act, Texas Civil Statutes, Article 6252-13a.

(c) Effective date of existing permit. An existing permit shall
remain effective until it is renewed or until the deadline
specified in the executive director's report to the permit holder,
or until a date specified in any commission order entered following
a contested case hearing held pursuant to subsection (b) of this
section. An existing permit shall remain in effect during the
course of a contested case hearing if the hearing proceeds beyond
the permit expiration as identified in § 116.311(c) of this
title.